On April 12, 2013, the West Virginia Legislature passed Senate Bill 243 which contained, among other West Virginia Department of Environmental Protection ("DEP") rules, the Rules Governing Horizontal Well Development 35-8 ("Rule"). The Rule was developed to provide further direction in the implementation and administration of the Natural Gas Horizontal Well Control Act that became effective on December 14,2011 ("Act")...

Contact Our Shale Gas Group1-800-967-8251Mark D. ClarkCharleston, W.Va.mclark@spilmanlaw.comFinally --Rules GoverningW.Va. Horizontal WellDevelopmentas published in the IOGA of West VirginianewsletterOn April 12, 2013, the West Virginia Legislaturepassed Senate Bill 243 which contained, among otherWest Virginia Department of Environmental Protection("DEP") rules, the Rules Governing Horizontal WellDevelopment 35-8 ("Rule"). The Rule was developedto provide further direction in the implementation andadministration of the Natural Gas Horizontal WellControl Act that became effective on December 14,2011 ("Act"). The August IOGA of West Virginia News contains anarticle about the Rule as originally proposed on June29, 2012, and the October IOGA of West VirginiaNews contains an article about the Rule as modifiedbased upon the 345 written comments submitted toDEP and filed with the Secretary of State's Office onSeptember 14, 2012. This article highlights some of the more significantadjustments to the Rule through the legislative reviewand approval process. On February 11, 2013, theWest Virginia Legislature's Legislative RulemakingReview Committee ("LRRC") took up for considerationthe Rule, as filed September 14, 2012. Followingconsideration of the Rule by the LRRC, on Feb. 14,2013, DEP filed with the Secretary of State anothermodified version of the Rule.In The NewsN.Y. Appellate Court:Municipalities Can Ban O&GActivityby Kevin M. Eddy An intermediate appellate court in New Yorkrecently affirmed that a local government hasthe authority to enact zoning ordinances banningall oil and natural gas activities within municipallimits. In 2011, the Town of Dryden amended itszoning ordinance to ban "all activities related tothe exploration for, and the production or storageof, natural gas and petroleum within its borders."An operator with oil and natural gas well leasescovering approximately 22,200 acres of land inDryden filed suit seeking to invalidate the zoningordinance amendment.Read more.Fracking Nearly Doubles Ohio Oil& Natural Gas OutputHydraulic fracturing in the Utica Shale region ofOhio has led to a 93 percent increase in oiloutput and an 80 percent increase in natural gasoutput. The state's Department of NaturalResources views this as the beginning of anhistoric era of oil and natural gas production.Read more.1. Plats of wells -§ 6.2.j. regarding plats wasrevised with respect to the requirement toidentify all wells (active, drilling or abandoned)within 500 feet of the horizontal section of thewell bore by adding the following sentence:"To make this demonstration, the permitapplicant may rely on all available records andlocational information; the permit applicantneed not conduct a physical survey of thearea."Read the full article on our website.Reuse of Fracking Fluids on theRiseAn increasing number of water servicecompanies are preparing to clean fracking fluid,and to do so at an affordable price. This result ofsimple supply-and-demand could meanfinancially viable options for acquiring anddisposing of fracking water in the Marcellus andUtica Shale region.Read more.Featured Shale Team MemberDerrick Price Williamson (Harrisburg, Pa.)Mr. Williamson's primary areas of practice are publicutility and energy law. He is Co-Chair of the firm'sUtility, Energy & Communications Law Group. Hecounsels manufacturing, institutional, and industrialclients regarding the procurement of energy services,including the analysis and negotiation of natural gasand electricity supply contracts. He also has extensiveexperience in litigating electric and natural gas rate cases and mergercases. He also has represented competitive suppliers and producers ofelectricity and natural gas in regard to regulatory compliance, complaintdefense and rulemakings. He has been recognized by The BestLawyers in America for Energy Law. View his full professionalbiography.www.spilmanlaw.comThis is an attorney advertisement. Your receipt and/or use of this material does not constitute or create an attorney-clientrelationship between you and Spilman Thomas & Battle, PLLC or any attorney associated with the firm. This e-mailpublication is distributed with the understanding that the author, publisher and distributor are not rendering legal or otherprofessional advice on specific facts or matters and, accordingly, assume no liability whatsoever in connection with itsuse.Responsible Attorney: Michael J. Basile

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